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incapacity benefit appeal after failing a atos medical
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# 1
sporty1
Old 18-04-2012, 7:11 PM
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Default incapacity benefit appeal after failing a atos medical

my brother failed a atos medical they gave hom 0 points in total, now he as been on thisbenefit for 10 years and all of a sudden they give him 0 points this time , now he says he is appealing this and is in the process, the question he says is he is under the allusion that someone said that if he goes to the appeal
1. they dont have doctors on theappeal board ? i am sure they will have ..
2. if they do give him some points at the appeal he seems to think that it doesnt have to total to 15 like it used to even if they they just give him 6 for an example that that would be enough for him to pass
an anyone shed on any light of this thanks
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# 2
Muttleythefrog
Old 19-04-2012, 12:59 AM
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1. There will be just two on the panel... a judge who is someone legally trained and a medical professional.. perhaps a GP.
2. To qualify for the lesser disabled category of ESA.. WRAG.. he'd need to score 15 points or more total from the WRAG descriptors. He could qualify for Support Group, the higher of the two categories in terms of 'disability' by being found to meet any of the Support Group descriptors. There are some special circumstances criteria also that will apply to small numbers of people like those suffering terminal illness or posing a notable risk to themselves or others if found capable of work or work related activity.

If he loses the appeal then the most obvious courses of action are to apply for JSA or if 6 months have passed since the DWP decision he is appealing against then applying for ESA again as a new claim.

To clarify, your brother underwent transfer from Incapacity benefit to the new benefit ESA which replaces it... or at least he would if he qualified for ESA.
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Last edited by Muttleythefrog; 19-04-2012 at 1:03 AM.
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# 3
BigAunty
Old 19-04-2012, 12:08 PM
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Quote:
Originally Posted by sporty1 View Post
my brother failed a atos medical they gave hom 0 points in total, now he as been on thisbenefit for 10 years and all of a sudden they give him 0 points this time ..
The members here will tell you how to appeal and I believe more than a quarter of appeals are successful.

However, you can't really compare IB with ESA, they are apples and pears. Most claims for IB succeeded while the majority for ESA do not (though this includes claims being withdrawn prior to assessment and so on).

ESA focusses on work capability, even some capability for some types of employment, unlike IB which wrote a person off for any type of work activity. They assess very different things.

I'm sure there must be more up to date statistics but here's an overview which suggests that only around a quarter of ESA claims succeed. I think there is a higher percentage for those migrating from IB to ESA.

For all new claims between October 2008 to February 2011, the figures are:

Entitled to ESA in the Support Group –​ 7%
Entitled to ESA in the Work Related Activity Group –​ 17%
Fit for Work –​ 38%
Claim closed before assessment complete –​ 36%
Assessment still in progress –​ 2%

Last edited by BigAunty; 19-04-2012 at 12:16 PM.
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# 4
HB58
Old 19-04-2012, 12:12 PM
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Indeed, BigAunty - and getting ESA has become even more difficult since the criteria were changed last year.
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# 5
FBaby
Old 19-04-2012, 8:01 PM
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Surely anyone ill enough to require incapacity benefits for 10 years would be expected to score more than 0 at assessment at any time?
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# 6
lemontart
Old 20-04-2012, 3:12 PM
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Quote:
Originally Posted by FBaby View Post
Surely anyone ill enough to require incapacity benefits for 10 years would be expected to score more than 0 at assessment at any time?
Not necessarily when you see folks in wheelchairs, those with terminal illness, those with portable oxygen tanks to be able to move around. etc etc been given 0 too in lots of reported cases.
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# 7
johnkat
Old 20-04-2012, 7:09 PM
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I've been ill for 8 nearly 9 years and on benefits for 6 and I've never forgotten my condition thanks. It affects me constantly. Sure some people abuse the system but most of us are genuinely sick and would dearly love to work but cannot.

That being said everyone should have an assessment regularly to make sure they are getting the right amount, except the terminally ill, I believe they are the only group that should automatically get their benefits.
I've been on IB since 1998 And have had yearly medical assessments conducted by Atos, I was under the impression this was the case for the majority of IB claiments.
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# 8
ineed
Old 20-04-2012, 7:17 PM
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Quote:
Originally Posted by johnkat View Post
I've been on IB since 1998 And have had yearly medical assessments conducted by Atos, I was under the impression this was the case for the majority of IB claiments.
You would think so but no, reading through the forums it seems many people were left to it on IB. I myself had an assessment with DLA every two years but with IB to be honest they just send me a letter every few years asking if I've had a change in medication or a change in money from DLA. I used to send medical reports and sick notes but they told me it was no longer necessary
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# 9
borkid
Old 20-04-2012, 9:08 PM
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Quote:
Originally Posted by anguk View Post
It does happen. My OH has been on IB for about 17 years and never been for a medical, we do get review forms every now and then to fill in so I'm assuming they just base their decision on those and maybe medical reports from his doctor? Although to be honest I don't know if DWP have ever contacted his doctors or looked at his medical records.
I think his doctor had to fill in forms. My daughter has only been called for a medical once in 9 years. It was awkward as she had to arrange a lift and parking close to the office. Luckily her dad is retired so he was able to take her. When she went to reception they apologised saying they had received the form from her doctor and the medical had been cancelled. Someone should have phoned her
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